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13-13 | 2 September 2013

Topics: Counterfeiting Designs EU Legislative Package Geographical Indications Hague System Madrid System TM Class

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Table of Contents

1 LAW
1.1 Anti-counterfeiting
  • Report on EU customs enforcement of intellectual property rights - Results at the EU border 2012
  • European Commission : Questionnaire on combating of infringement of intellectual property rights
  • Croatia Amends Customs Regulations
  • 12th EU - China IP Working Group Meetings - 27-30 August, China
1.2 Trade Marks
  • Reform of the European CTM system - Publication of the Draft Report of Rapporteurs Cecilia Wikstrom and Regina Bastos
  • United Kingdom: Intellectual Property Bill - Latest developments
1.3 Geographical Indications
  • Public consultation — Geographical indications from the Kingdom of Morocco
2 OFFICE PRACTICE
2.1 OHIM
  • Turkey joins TMclass
  • IP Seminar on Trademarks and Designs at OHIM, 30 September – 4 October 2013, Alicante
2.2 WIPO
  • WIPO General Assembly 23 September - 2 October 2013
  • Working Group on the Legal Development of the Madrid System for the International Registration of Marks 30 October - 1 November 2013
  • Seminar on the Hague System for the International Registration of Industrial Designs, 31 October 2013
2.3 National Offices
  • United Kingdom: Annual UK IP crime report
  • United Kingdom : New Practice amendment notices concerning Class Headings and IP Translator
3 CASE LAW

Summaries and case law provided by

Latest Case Law Decisions will be published in the next Flash.

4 ECTA NEWS
  • Observatory - 2nd Round of the Working Group Meetings in Brussels

Editorial team: Ewa Grabiak, Jean-Jo Evrard and Annick Mottet Haugaard

1 Law

1.1 Anti-counterfeiting

Report on EU customs enforcement of intellectual property rights - Results at the EU border 2012

Every year, the European Commission (DG TAXUD) publishes a report describing the customs detentions of articles suspected of infringing intellectual property rights (IPR), such as trademarks, copyrights and patents. These statistics, compiled on the basis of the data transmitted by the EU Member States in accordance with Article 8 of Commission Regulation (EC) 1891/2004, provide useful information to support the analysis of IPR infringements affecting the EU market and the development of appropriate counter-measures.

The Report for 2012 was published on 5 August and is available HERE

The report reveals that the EU Customs detained almost 40 million products suspected of violating intellectual property rights (IPR) in 2012. Although this is less than the 2011 figure, the value of the intercepted goods is still high, at nearly €1 billion.

The official press release may be found HERE

More information may be found HERE

European Commission : Questionnaire on combating of infringement of intellectual property rights

DG TAXUD is currenly conducting the survey regarding the fight against anti-counterfeiting.

The deadline to submit the replies is 13 September.

Currently the ECTA Anti-counterfeiting Commitee is gathering the replies.

More information may be found HERE

Croatia Amends Customs Regulations

Ahead of Croatia’s EU accession, certain amendments were introduced and implemented with respect to the customs regulations and customs enforcement proceedings in Croatia.

As of 1 July 2013, the following EU regulations apply in Croatia:

  • Council Regulation (EC) No. 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights;
  • Commission Regulation (EC) No. 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No. 1383/2003 concerning customs procedures in connection with goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to violate such rights; and
  • Commission Regulation (EC) No. 1172/2007 of 5 October 2007 amending Commission Regulation (EC) No. 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No. 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.

The rights holders now have an option to either file the request for the national customs watch application or to file the request for the extension of the existing EU customs watch application to Croatia, while appointing a local representative in Croatia as a contact.

More information may be found HERE

12th EU - China IP Working Group Meetings - 27-30 August, China

The working group meetings in the framework of the EU-China Dialogue on IPR, conducted under the lead of the DG TRADE, took place from 27 to 30 August in China.

Draft Agenda may be found HERE

Michele Ferrante from ECTA Anti-counterfeiting Commitee attended the meetings. His report will be published in the next Flash.

1.2 Trade Marks

Reform of the European CTM system - Publication of the Draft Report of Rapporteurs Cecilia Wikstrom and Regina Bastos

On 31 July Rapporteur Cecilia Wikstrom from the leading Legal Affairs Commitee published her draft reports.

  • Draft Report on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks is available HERE
  • Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark may be found HERE

The next Legal Affairs Committee meeting will take place in Brussels on 16 and 17 September 2013.

During the meeting the latest study prepared by EAVA / IMPA “EU Trade Mark Regime: Initial Appraisal of the Commission’s Impact Assessment" will be discussed.

On 27 August Rapporteur from the opinion giving commitee Internal Market and Consumer Protection Regina Bastos published her draft report, which may be found HERE

Currently ECTA Law and Harmonization Commitees are analysing the proposed amendments and will soon provide ECTA comments.

United Kingdom: Intellectual Property Bill - Latest developments

On 30 July the Intellectual Property Bill left the House of Lords after three months of scrutiny. It will now progress to the next stage, after the summer recess, First Reading in the House of Commons.

Throughout this first stage, the government listened to the views of stakeholders about the measures included in the Bill. An area of concern for some stakeholders was the scope and operation of the proposed criminal sanctions for the deliberate copying of a design.

More information may be found HERE

For more details, check also ECTA Flash 08-13

1.3 Geographical Indications

Public consultation — Geographical indications from the Kingdom of Morocco

On 10 August the European Commission published the information notice regarding the launch of the Public Consultation on Geographical indications from the Kingdom of Morocco.

Within the ongoing negotiations with the Kingdom of Morocco for an Agreement on protection of geographical indications of agricultural and foodstuff products (hereafter ‘the Agreement’), the Moroccan authorities have presented, for protection under the Agreement, the attached lists of geographical indications (GIs) for agricultural products and for wines. While these GIs are officially recognised as such by the applicable laws in the Kingdom of Morocco within the meaning of Article 22(1) of the TRIPS Agreement, the European Commission is currently considering whether these GIs shall be protected under the Agreement.

The information notice is available HERE


2 Office Practice

2.1 OHIM

Turkey joins TMclass

On 12 August OHIM confirmed that the Turkish Patent Institute (TPI): Türk Patent Enstitüsü has been intergrated in the TMclass.

This latest addition brings a total of 31 national and regional IP Offices, including OHIM, into the classification of goods and services tool.

More information may be found HERE and HERE

IP Seminar on Trade Marks and Designs, OHIM, 30 September – 4 October 2013, Alicante

IP Seminar on Trade Marks and Designs will take place from 30 September to 4 October 2013 at OHIM premises in Alicante.

Programme is available HERE

2.2 WIPO

WIPO General Assembly, 23 September - 2 October 2013

Report of the Selection Panel for the Appointment of the New Members of the WIPO Independent Advisory Oversight Committee (IAOC) is available online.

More information may be found HERE

Working Group on the Legal Development of the Madrid System for the International Registration of Marks 30 October - 1 November 2013

New documents are available online:

Seminar on the Hague System for the International Registration of Industrial Designs, 31 October 2013

The Seminar will be conducted by WIPO staff and a guest speaker. The aim of the event is to increase awareness and practical know ledge of the Hague system among existing and potential users, whether in industry or in private practice. The needs of independent and in-house industrial property agents (paralegals, as well as attorneys) who both file applications for and administer international industrial design registrations will also be addressed. All aspects of the Hague system will be covered, including legal and practical matters (the main features and advantages of the Hague system, different procedures, etc.), as well as the latest trends in the field of international industrial design registration.

More information may be found HERE

Program is available HERE

2.3 National Offices

United Kingdom: Annual UK IP crime report

The new annual IP Crime report was published on 29 July. The report is produced by the IP Crime Group which was founded in 2004 by the UK Intellectual Property Office.

Report is available HERE

United Kingdom : New Practice amendment notices concerning Class Headings and IP Translator

The latest notices were published on 6 August and are available HERE


3 Case Law

Summaries and case law provided by Darts IP

New Case Law Decisions will be published in the next Flash.

4 ECTA News

Observatory - 2nd Round of the Working Group Meetings in Brussels

The second round of the Working Group Meetings will take place in September in Brussels and namely:

  • Enforcement Working Group Meeting is scheduled for 23 September. Olivier Vrins, ECTA Council Member will attend the meeting on behalf of ECTA.
  • Legal Working Group Meeting will take place on 25 September. Marius Schneider will attend the meeting on behalf of ECTA.
  • Public awareness Working Group Meeting will take place on 30 September. Annick Mottet, ECTA Past President will attend on behalf of ECTA.
  • Statistics Working Group Meeting will take place on 1 October. Marius Schneider, Chair of ECTA Anti-counterfeiting Commitee will represent ECTA.
United Kingdom Anti-counterfeiting, Geographical Indications, Trade Mark National Office Practice, OHIM, WIPO